Samuels v. Guin's Estate
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. A general warranty of soundness, as a rule, will not be held to include patent defects, known' to the buyer, but where such defect is observed by the buyer, and the soundness of the animal questioned, as in this case, and the seller expressly warrants that the apparently defective marks are sound, as in this case, and thereby misleads the buyer and induces the sale, the seller is held on such express…
Read the full summary
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. A general warranty of soundness, as a rule, will not be held to include patent defects, known' to the buyer, but where such defect is observed by the buyer, and the soundness of the animal questioned, as in this case, and the seller expressly warrants that the apparently defective marks are sound, as in this case, and thereby misleads the buyer and induces the sale, the seller is held on such express warranty. The court, therefore, erred in refusing plaintiff’s instructions, numbered 1 and 2. Branson v. Turner, 77 Mo. 493;…
1Opinion of the CourtGill, J.
In the summer of 1890 the deceased Guin sold to the plaintiff Samuels a horse which was warranted by Guin to be sound in every respect, particularly warranting that the horse’s eyes were sound. At the time the negotiation was had, and when the horse was being examined, something was said as to an apparent defect in the horse’s eyes. Thereupon Guin said: “You will see that his eyes are peculiar; they are rounder than most horses’ eyes, which makes them look peculiar, but they are soimd as dollars.” Guin was asked if he would warrant the soundness of the animal. He responded: “Yes, I guarantee…
2Cases cited5 opinions
- Brown v. WeldonMissouri Court of Appeals · 1887
- Branson v. TurnerSupreme Court of Missouri · 1883
- Pinney v. AndrusSupreme Court of Vermont · 1869
- Thompson v. BottsSupreme Court of Missouri · 1844
- Watson v. RoodeNebraska Supreme Court · 1890
3Cited by5 opinions
- McCarty v. WilliamsIndiana Court of Appeals · 1915
- Moore v. KogerMissouri Court of Appeals · 1905
- Anthony v. PottsMissouri Court of Appeals · 1895
- Childs v. EmersonMissouri Court of Appeals · 1906
- Irby v. StubblefieldMissouri Court of Appeals · 1914